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2025 DAILYLAW 50662 (KAR)

SHRI T S RAVIKUMAR S/O T SADASHIVAPPA v. THE STATE OF KARNATAKA

WP/109181/2025 · 2025-12-02

Geetha K B, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17042-DB WP No. 109181 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO.109181 OF 2025 (S-KAT) BETWEEN: SHRI T.S. RAVIKUMAR S/O T. SADASHIVAPPA AGE. 45 YEARS, OCC. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HOSPET SUB-DIVISION, HOSPET, DIST. VIJAYANAGARA, R/O. 16TH CROSS, BASAVESHWARA BADAVANE, TQ. HOSPET, DIST. VIJAYANAGARA-583201. &PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1 ALI ASKAR ROAD, BANGALORE-560052. 3. SMT. MANJULA S., ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANAGERE SUB-DIVISION, DAVANAGERE-577001. &RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVT. ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 20-11-2025 PASSED BY THE HON9BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BELAGAVI IN APPLICATION NO.10700/2025 AS PER ANNEXURE-E AND FURTHER TO ALLOW THE APPLICATION NO.10700/2025 AS PRAYED FOR BY THE PETITIONER & ETC. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.04 11:01:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17042-DB WP No. 109181 of 2025 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The petitioner, Assistant Registrar of Co-operative Societies1 working at Vijayanagar/Hosapete, is before this Court under Article 226 of the Constitution of India, aggrieved by order dated 20.11.2025 passed in Application No.10700/2025 by the Karnataka State Administrative Tribunal, Belagavi2, whereunder, the petitioner9s challenge to his order of transfer from Hosapete Sub-division to Tarikere Sub-division, was rejected. 2. Heard the learned counsel Sri. Sabeel Ahmed for the petitioner and learned Prl. Government Advocate Sri. G.K. Hiregoudar for respondents No.1 and 2. Perused the entire writ petition papers. 1 For short 8ARCS9 2 For short, 8Tribunal9 - 3 - HC-KAR NC: 2025:KHC-D:17042-DB WP No. 109181 of 2025 3. The petitioner is working as ARCS in the Co-operation Department and by order dated 3.7.2023, the petitioner was posted as ARCS, Hosapete Sub-Division. It is stated that the petitioner took charge on 28.07.2023 at Vijayanagar/Hosapete. The petitioner is a Group-B officer and he has two years tenure at the place of posting. By order dated 30.6.2025 (Annexure-A3), the petitioner was transferred from Hosapete Sub-Division to Tarikere Sub- Division as ARCS. In pursuance of said transfer order, the petitioner is said to have handed over the charge on 2.7.2025. Thereafter, the petitioner approached the Tribunal in the aforesaid application, questioning the order of transfer dated 30.6.2025. It is stated that the Tribunal initially stayed the transfer order of the petitioner and thereafter, the petitioner is said to have rejoined the post of ARCS at Vijayanagar District. Subsequently, on hearing the learned counsel for the parties to the application, the Tribunal under impugned order dated 20.11.2025 rejected the application of the petitioner on the ground that the - 4 - HC-KAR NC: 2025:KHC-D:17042-DB WP No. 109181 of 2025 petitioner had voluntarily handed over the charge in pursuance of order of transfer and he has substantially completed his tenure. Questioning the said order of the Tribunal, the petitioner is before this Court. 4. Learned counsel Sri.Sabeel Ahmed for the petitioner would submit that as on the date of transfer order dated 30.6.2025, the petitioner had not completed his tenure and as such, the order of transfer is opposed to the government order dated 12.05.2025. Learned counsel would further submit that since the petitioner is having aged parents of 80 years & 75 years respectively, it is difficult for the petitioner to shift the parents from Vijayanagar to Tarikere. Thus, he would pray for allowing the petition. 5. Learned Prl. Government Advocate Sri. G.K. Hiregoudar for the respondents would support the order passed by the Tribunal and would submit that as on this date, the petitioner has completed his tenure and once the - 5 - HC-KAR NC: 2025:KHC-D:17042-DB WP No. 109181 of 2025 petitioner has completed his tenure, he has no right to continue at Vijayanagar. Moreover, he submits that the petitioner, on his transfer, has already handed over his charge of the post of ARCS at Vijayanagar, as such, the petitioner has forfeited his right to challenge the order of transfer. Thus, he would pray for dismissal of writ petition. 6. Having heard the learned counsel for the parties and on perusal of the writ petition papers, the only point that would fall for consideration is as to, whether impugned order passed by the Tribunal and impugned order of transfer dated 30.6.2025, insofar as the petitioner is concerned, requires interference. 7. The answer to the above point would be in the <negative= for the following reasons: 8. It is not in dispute that the petitioner is working as ARCS, which is a Group-B post. The petitioner, who is a Group-B Officer, is provided with two years of tenure at the place of posting. The petitioner was posted as ARCS at - 6 - HC-KAR NC: 2025:KHC-D:17042-DB WP No. 109181 of 2025 Vijayanagar/Hosapete on 3.7.2023 and he had taken charge on 28.07.2023. The petitioner was transferred under impugned order dated 30.6.2025 from Vijayanagar to Tarikere. The only contention of the petitioner is that as on the date of order of his transfer, the petitioner had not completed his tenure. It is to be noted that the petitioner had completed one year 11 months and only one month tenure was remaining as on the date of his transfer. Two years of tenure, as prescribed, cannot be measured with mathematical precision. If a government servant has completed his tenure substantially, it would be open for the State to transfer such government servant. Moreover, in the instant case, as on this date, by virtue of interim order of the Tribunal, the petitioner has continued as ARCS at Vijayanagar and the petitioner has completed his tenure of two years. Thus, there is no merit in the contention of the petitioner that it is a premature transfer. 9. Learned counsel for the petitioner submitted that the petitioner is having aged parents, who are 80 years and - 7 - HC-KAR NC: 2025:KHC-D:17042-DB WP No. 109181 of 2025 75 years respectively. If that is the case, it is open for the petitioner to make a representation to the State Government and if such representation is made, we are sure that the State would consider the same in terms of transfer guidelines dated 12.05.2025 and subsequent note of the Chief Secretary to Government, dated 23.05.2025. 10. With the above observations, the writ petition stands disposed of. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 37